Número 0, enero-junio, 2021

The essay addresses, with the help of various disciplines, some of the major challenges thatcontemporary constitutionalism is called to face. The first point concerns the response of thelegal systems to populism and anti-system parties, also in the perspective of political science.Subsequently, the Author focuses on the immigration issue, illustrating the theoretical approachesto the problem, and offers an overview of the measures taken by some European States. The nextchallenge concerns the topic of judicial creativity and the use of foreign law by constitutionaljudges, with particular attention to US experience and Italian doctrine. Another point regardsthe present and future tensions between unity and diversity, both within the States and in thecontext of supranational organizations such as the European Union. Finally, the article contains anoverview of issues related to biolaw and artificial intelligence.

The evolutionary perspectives of constitutionalism in the contemporary context affect the organic sphere, implying a new dynamic vision of the principle of division of powers that updates the debate on the forms of government. The emerging globalized society produces changes in the representation, the regulatory strategy and the position of the public spheres, imposing demands for the evolutionary adaptation of the system.

During the last few years there has been an erosion of immigrants’ and potential asylum seekers’ rights safeguards in the Mediterranean Sea, which has evinced not only a humanitarian crisis, but also the crisis of human rights protection system.

Despite the proliferation and consolidation of indicators as testers of respect for fundamental rights, their use has not been exempt from criticism and objections by the doctrine. Among others, a certain complacency of some States in providing the degree of fulfillment of rights by themselves can be mentioned as a point of criticism. Conversely, many states frequently distrust expert evaluators. With regard to Morocco, like the rest of the Arab countries, we are faced with a well-known and firmly established situation in all these countries, such as that of rules drafted in a calculated ambiguous way, the existence of contradictory enforcements and multiple interpretations with which the authorities apply them.

The legal order of the leading and governing bodies of the legislative assemblies is presented as an organizational technique to maintain the balance between the powers in parliamentary life. The performance of the Bureau is key to establishing the parliamentary and political agenda. Therefore, the first and most important decision taken at the parliamentary level after the renewal of the chambers affects the composition of these governing bodies. The transition from bipardism to multipartism, both at the state and regional level, opens a new stage in legislative assemblies. Within them, the functionality of the Bureau, as a parliamentary support structure is, if possible, even more decisive.

The new content of article 3.2 of the Organic Law of the General Electoral Regime, introduced by Organic Law 2/2018, of December 5, on the reform of the same to guarantee the right of suffrage for all persons with disabilities, includes the prescription that «all persons may exercise their right to vote actively, consciously, freely and voluntarily, whatever their means of communicating and with the means of support required.» To his study, given its undoubted relevance the work is presented, which addresses its origin and justification, as well as the problem that it contains.

Act 39/2006, of December 14th, consecrated, thirteen years ago, the right for people in situation of dependency to have the necessary means that guarantee their personal autonomy. Nevertheless, the approval of this Act has not resolved the problems surrounding the situation of dependency, that affect not only those who suffer it directly but also their family environment. Its application, on the other hand, has not been without difficulties, as evidenced by the fact that thousands of people declared as dependents have not yet been able to enjoy the rights recognized in the law. The aim is to take stock of the achievements made by the law and the challenges that still have to be faced in order to achieve a real and effective equality and participation in the social life of people in situation of dependency.

This paper studies the constitutionalization of inmates fundamental rights. Since its primary goal is the reinsertion and re-education of the inmates, the penitentiary legislation propitiates the development of these fundamental rights. Nevertheless, the legal status of total institution of prison sets the prisoners in a situation of victim vulnerability. The mechanisms of independent control, the struggle for social equality, openness to society and mediation, as a reflection of restorative justice in prison, can lessen the abuse of power that frequently occurs in total institutions.

In this Digital-era, privacy rights must be protected through international cooperation, meaning coordination between legal systems. Technology companies are in the middle of this issue, especially when legal rules differ from one state to another disregarding extraterritorial effect. This is the case with confidentiality of communications in the European Union and the United States. This problems is presented in this article through a reflection on the Microsoft Corp. vs. United States case.

In this contribution we try to examine the new digital rights and guarantees (digital security, rectification on the internet, digital disconnection in the workplace, digital testament) recognized in the Title X of the Organic Law 3/2018, de 5 de diciembre, Data Protection and guarantee of digital rights. A few months ago for the first anniversary of its entry into force, the legal relevance of this recognition and the main problems derived from its implementation are consider.

The new paradigm of data protection in Spain has been built with a body of regulations comprising a European Regulation of direct effectiveness and an Organic Law that complements. The development of codes of conduct may be useful to facilitate the implementation and adaptation of the adopted legislative framework. The specific needs of different sectors may require a detailed and close response that the European standard attributes to codes of conduct (art. 40.1 GDPR) therefore contribute «to the correct application of this Regulation, taking into account the specific characteristics of the different processing sectors and the specific needs of micro, small and medium-sized enterprises».

One of the issues that, in recent times, has gained prominence and actuality is that of the role of the head of state in what affects the investiture of the Prime Minister, especially when the parliamentary spectrum is deeply fragmented. This situation, although it had not occurred in our current democracy until very recently, it was in our near past, especially in the Second Republic. In this article, the focus will be on the Republican head of State in the difficult situation of meeting the challenges arising from a parliament with a mosaic of political forces, which will allow to put into perspective the delicate relationship between the institutions that, now as then, are directly involved.

This paper analyzes the hierarchy of international treaties on Human Rights and the sentences of the Inter-American Court of Human Rights in accordance with the rules of the Argentine constitutional system. In this regard, the existence of a margin of appreciation in favor of national authorities – legislative and jurisdictional– regarding the interpretation and application of international law is maintained, in the same way that there is a margin of provincial appreciation with respect to the federal government.